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What is the main cause of overcrowding in prisons?

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Question added by Grant McClanahan , Leader , Grant's League of Extraordinary Gentlemen
Date Posted: 2015/04/20
Ayman Sultan
by Ayman Sultan , Manager & Owner , Sultan for Legal Advice

The Cases of reconciliation according to Egyptian Penal Act  

The main basic in Egypt criminal act about reconciliation that the reconcile can be in all irregularities, and about misdemeanors it can be if the punishment  has to be only a fine or it is permissible to punish by imprisonment which has not to be more than six months.

But also the act No150 of1950 determine some crimes which able to reconciliation from. The Victim or his lawyer with a special power of attorney which allows reconciliation or Inheritors of the victim or them lawyer with a special power of attorney which allows reconciliation.To reconcile with the accused in the face of the court or public prosecutor in this crimes.

1- ” Whoever causes by mistake the death of another person, as a result of his neglect, imprudence, carelessness, or unobservance of the laws, decrees, statutes, and systems shall be punished with detention for a period of not less than six months and a fine not exceeding two hundred pounds, or either penalty.The punishment shall be detention for a period not less than one year and not exceeding five years, and a fine of not less than one hundred pounds and not exceeding five hundred pounds or either penalty, if the crime occurs as a result of the felon’s serious violation of the norms of his position, profession, occupation, or is found intoxicated or drugged when he commits the mistake resulting in the incidence, or if at the time of the accident, he refrains from assisting the one on whom the crime is committed, or from asking assistance for him although he is able to do that.”

2- “Whoever causes a wound or beating to another that results in sickness or disability to perform personal works for a period exceeding twenty days, shall be punished with detention for a period not exceeding two years or a fine of not less than twenty Egyptian pounds and not exceeding three hundred pounds.However, if the beating or wound was preceded with malice, or premeditation, or caused by using any arms, canes, machines, or other tools, the penalty shall be detention.”

3- “If the beating or the wound does not reach the degree of gravity prescribed in the two previous Articles, the perpetrator shall be punished with detention for a period not exceeding one year or a fine of not less than ten pounds and not exceeding two hundred Egyptian pounds.If it occurs with preceding malice or premeditation, the penalty shall be detention for a period not exceeding two years or a fine of not less than ten pounds and not exceeding three hundred Egyptian pounds.If the beating or wound occurs by using any arms, canes, machines, or other tools, the penalty shall be detention. “

4- “Whoever causes by mistake the occurrence of a wound or mischief to a person as a result of the neglect, imprudence, carelessness, or nonobservance of the laws, decrees, regulations, and systems, shall be punished with detention for a period not exceeding one year and a fine not exceeding two hundred pounds, or either penalty.The penalty shall be detention for a period not exceeding two years and a fine not exceeding three hundred pounds or either penalty if the injury results in a permanent disability, or if the crime occurs as a result of the felon’s gross breach of the duties imposed thereon by the norms of his position, profession or trade, or as a consequence of using liquors or narcotics when perpetrating the error that resulted in the accident, or by refraining from helping the victim of the crime or the person who asked for his assistance, although he was able to extend the help.”

5-” Whoever willfully gives to another person non-deadly drugs, and they result in his illness or temporary disability to exercise his work, shall be punished according to the provisions of articles 240,241, and242, based on the gravity of the results ensuing from the crime and the existence or non-existence of malice aforethought for its commitment.”

6-“Whoever finds a lost object or animal and does not return it to its owner whenever realizable, or deliver it to police quarter’s or the administrative authority within three days shall be punished with penal servitude for a period not exceeding two years, if he/she withholds it with the intention of its possession.But if he/she withholds it after the lapse of this period without the intention of possessing it, the penalty shall be that of a fine not exceeding one hundred pounds.”

7- “Embezzlement of objects judicially or administratively taken in execution, shall be considered practically as theft, even if it occurs by their owner. The provisions of Article312 of this law on exemption from the penalty shall not apply to this case.”

8- “Embezzlement of movable objects by the person mortgaging them as guarantee for his debt or a debt of another person shall be considered practically as theft. The provisions of Article312 of this law shall not apply if the embezzlement occurs to the prejudice of other than those mentioned in the said Article.”

9-“Whoever lays hold of a car owned by another person, without any legitimate claim and without the intention to possess it shall be punished with detention for a period not exceeding one year, and a fine of not less than one hundred pounds and not exceeding five hundred pounds or either penalty.”

10- “Whoever eats a food or has a drink in a place provided therefor, even if he is staying in it, or occupies one or more rooms in a hotel or the like, rents a rental car while knowing it is impossible for him to pay the price or fee, refrains unjustifiably from paying what becomes due on hint, or escapes without settling it, shall be punished with detention for a period not exceeding six months and a fine not exceeding two hundred pounds or either penalty.”

11- “A penalty of detention shall be inflicted on whoever has been able to lay hold of moneys, offers, debentures, acquittal documents, or movable effects and luggage, by contrivance to strip a third party of all or part of his/her wealth either by resorting to subterfuge methods that are apt to mislead others toward believing in the existence of a bogus project or false fact, creating hope of obtaining an illusory profit, settling an amount taken by fraudulent methods, or deceiving others with the existence of an invalid debenture, or forged acquittal document, or by disposing of a fixed or movable property which he does not own nor has the right of disposing thereof, or by assuming a false name or incorrect quality. However, attempted swindling without fulfilling the act shall be punished with detention for a period not exceeding one year.The culprit, in case of recurrence, may be placed on parole by police for a period of at least one year and at most two years.”

12- “Whoever is trusted with a signed paper, or a paper stamped on blank, and he commits a breach of trust and writes in the blank space before the stamp or signature a debenture or acquittal or other different debentures and writings that result in causing prejudice to the feelings and soul of the person who signed or stamped the paper, or to his/her property and funds, shall be punished with detention which may also be coupled with a fine not exceeding fifty Egyptian pounds. If the signed paper or that stamped on blank has not been handed to the betrayer, but he has obtained it by any method whatsoever, he shall be considered a forger and shall be punished with the forgery penalty.”

13- ” A penalty of detention which may be coupled with a fine not exceeding one hundred Egyptian pounds shall be inflicted on whoever peculates, uses, or wastes amounts, luggage and effects, goods, moneys, tickets or other writings comprising adherence to a claim, or acquittal and so forth, to the prejudice of its owners or holders, or those laying hold thereof, and the said objects were not delivered thereto except as a deposit or a lease, or by way of permission or loan for use or as mortgage, or if it was delivered thereto in his quality of paid or unpaid proxy, with the aim of offering it far sale, or selling or using it in a specified object for the good and utility of its owner or others.”

14- “A ruling inflicting the previous penalties shall be inflicted on the owner who is appointed receiver on his own objects that are attached by judicial or administrative channels, and peculates something thereof.”

15- “Whoever breaks, or destroys for another party, some of the agricultural machines, cattle barns and folds, and watchmen shacks shall be punished with detention for a period not exceeding one year or a fine not exceeding two hundred pounds.”

16- “A penalty of detention for a period not exceeding three mouths or paying a fine not exceeding two hundred Egyptian pounds shall be inflicted on whoever damages all or part of a milieu of green or dry trees or others, and transfers or removes a limit or marks made as a limit between different estates, or exploiting quarters, and who fills with earth all or part of a tunnel of those made as a limit for holdings, or exploiting quarters.If a deed of those prescribed in the previous clause takes place with the aim of usurping a land, the penalty shall be that of detention for a period not exceeding two years.”

17- ” A fire resulting from the failure to clean or repair the furnaces or chimneys or other places where fire is lit, or from the fire lit in houses, building, jungles, vineyards, farms, or orchards near heaps of dry grass or straw, and also fire breaking out from lighting rockets and fire works in a vicinage of the town, or due to another neglect, shall be punished for with detention for a period not exceeding one month, or payment of a fine not exceeding two hundred pounds.If the fire occurs from smoke, or from fire lit in a car service and petrol station, a natural gas station, a center for sale of butane gas cylinders, a depot for petroleum products, or stores comprising fuel materials or any oilier flammable materials, the penalty inflicted shall be that of detention and payment of a fine of not less than five hundred pounds and not exceeding two thousand pounds or either penalty.”

18- ” Whoever deliberately destroys or damages fixed or movable property he does not own, or makes them unsuitable for use, or makes them inoperable in any way, shall be punished with detention for a period not exceeding six months and a fine not exceeding three hundred pounds, or either penalty.If the act results in a financial harm amounting to fifty pounds or more worth, the inflicted penalty shall be that of detention for a period not exceeding two years and payment of a fine not exceeding five hundred pounds or either penalty.”

19- “Whoever enters a realty in the possession of another person with the aim of preventing his possession thereof by force, or with the intent of committing a crime in it, or enters it in a legal manner but remains in it with the aim of committing something of the said crimes, shall be punished with detention for a period not exceeding one year or a fine not exceeding three hundred pounds.If the crime occurs by two or more persons and at least one of them carries an arm, or at least ten persons and none of them carries an arm, the penalty shall be that of detention for a period not exceeding two years or payment of a fine not exceeding five hundred Egyptian pounds.”

20- ” Whoever enters an occupied house or a house prepared for dwelling, or enters an appurtenance thereof, an occupied ship, or a place prepared for safekeeping funds, and these objects are in the possession of another person, with the intent of preventing his possession thereof by force, or committing a crime in it, while his entry has been done in a legal manner, but he remained therein with the aim of committing something of the foregoing, shall be punished with detention for a period not exceeding two years, or a fine not exceeding three hundred Egyptian pounds.”

21- “Whoever is found staying in any of the places prescribed in the previous Article, hiding from the eyes of those who have the right to take him out of it shall be punished with detention for a period not exceeding three months or payment of a fine not exceeding two hundred pounds.”

22- ” Whoever enters an agricultural or vacant land, or occupied buildings or an occupied house or a house prepared for dwelling, an appurtenance thereof, an occupied ship, or a place prepared for safekeeping the funds, but he does not leave it when required to do that by order of those who have the right to give that order, shall be punished with detention for a period not exceeding six months or a fine not exceeding two hundred pounds.”

23- ” Whoever creates an altercation, aggression, or light mischief, that does not result in beating or wounds.”

24- ” Whoever through his own neglect causes damage to third parties’ movables. Whoever causes the death of or wounds to third party’s, beasts and domestic animals through his indiscretion, neglect, or noncompliance with the regulations. Whoever snaps rudely at another person for no public reason.”

25- ” Whoever enters a land prepared for cultivation or in which plants or a crop is sown, or passes through it alone or with his beasts or animals that are provided for drawing, carrying, or mouting, or leaves these animals or beasts to cross in it, or to graze in it without legitimate claim.”

The reconciliation can be done throw special procedures every  criminal lawyer in Egyptknows about it clearly at any stage of the litigation until after the final award shall be prohibited.

http://lawyer-egy.com/law-projects/the-cases-of-reconciliation-according-to-egyptian-penal-act.html

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